When a relationship breaks down, providing for your children can be overwhelming as a single parent, especially when your ex-spouse was the primary earner. You may be anxious about maintaining stability for your children, covering daily expenses, and preserving the standard of living they are used to. Without support or cooperation from the other parent, minimising disruption to your children’s lives can be challenging.
Fortunately, the law provides you with a framework to secure financial provision for your children under Schedule 1 of the Children Act which specifically prioritises your child’s welfare.
‘If you have been unable to agree a financial settlement to provide for your children and there is a disparity in your respective wealth, your solicitor may suggest making a claim under Schedule 1 to help secure crucial financial support for your child’s upbringing, education, and future,’ says Jane Blanks a senior associate solicitor in the family law team at Nalders LLP. ‘The rules apply, whether you were married or in a civil partnership, or living together. It is the welfare of the child which is prioritised by the court.’
Jane provides a brief overview of Schedule 1 of the Children Act and key considerations.
How can Schedule 1 help an unmarried parent?
As an unmarried parent, it is not possible to secure any legal financial provision for your children using the divorce framework.
However, if you will be your children’s primary carer after your relationship has broken down you will need to ensure your children’s financial needs will be met.
Under Schedule 1, if your ex partner has financial resources you may be able to make a claim in the court for financial support to cover things such as:
- child maintenance payments; you might need to seek additional child maintenance through the courts as a ‘top-up’ from the other parent, if they are a very high-earner and their income exceeds the maximum threshold used by the Child Maintenance Service;
- one-off lump-sum payments; for things such as education costs, medical expenses, school trips, costs related to disabilities or to set up a trust fund; or
- property; you may be able to obtain an order that says you and your child can live in a property owned by the other parent, or you can have a property transferred to you on trust for the benefit of your child until they are an adult.
How can Schedule 1 help a parent who is divorcing or dissolving a civil partnership?
Although provision for your child would normally be agreed as part of the financial settlement achieved during your divorce or dissolution, you may be entitled to make a claim under Schedule 1 if the financial provisions available through divorce proceedings are insufficient to meet your child’s specific needs. Some examples are:
- if you need to address specific and significant expenses, such as those related to a child’s disability, or perhaps exceptionally high educational costs;
- where one parent earns more than the annual maximum threshold under the Child Maintenance Service calculation and a ‘top-up’ payment is sought;
or
- where a dispute regarding the children’s financial needs has not been fully resolved during divorce proceedings and the other parent has received additional resources since the divorce proceedings concluded
How does the court deal with a Schedule 1 application?
The court applies strict criteria when considering an application and the child’s welfare remains the paramount consideration. As Schedule 1 is designed to provide for the child, the court will always be careful to focus on their needs and not the needs of the parent; it is not a back-door application to secure money or property for yourself.
When applying the criteria to your application, a judge will look at factors including:
- the financial resources of both parents. If you can comfortably afford to house your child in a suitable home, you might find it hard to persuade the court to order the other parent to pay for this. However, it would make absolute sense to make an application if you are on a comparatively lower income and the other parent is a very high earner.
- your child’s standard of living. The court will look at your child’s upbringing to date and what sort of homes, clothes, hobbies, holidays and schools they have been accustomed to. If they have enjoyed an affluent lifestyle paid for by the other parent and the other parent can afford to maintain that for your child, the court will try to achieve this.
How long do these court orders last for?
A Schedule 1 court order will generally last until your child is 18 years old, at which point any provisions made will come to an end. It is important to remember this and that orders are made for the benefit of your child, not you. This means that any regular payments will cease, and occupation of any property will have to end. Therefore, you will need to plan for the future and make sure you will be able to re-house yourself, and meet your own expenses once your child is an adult and can fend for themselves.
Summary of things to consider
Before making a Schedule 1 application, you should think about the following considerations:
- Are your children’s financial needs going to be met by existing or future agreements, or under other proceedings such as divorce?
- Is the other parent wealthier than you? Do they have a yearly income far greater than the Child Maintenance Service maximum threshold?
- Is your child accustomed to a high standard of living, usually paid for by the other parent?
- What does your financial landscape look like and are you able to comfortably provide for your child?
- Orders will only last until your child turns 18, so have you made financial plans beyond that date?
How we can help
Whether you are thinking of breaking up with your partner, or are already in the process of resolving finances after the end of your relationship, we can provide expert advice and guidance on how best to safeguard your children’s financial needs.
For further information, please contact Jane Blanks in the family law team on 01872 241414 or email jb@nalders.co.uk. Nalders LLP has offices in Truro, Camborne, St Austell, Newquay, Falmouth, Helston and Penzance.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.